NY D.A. Clears Brooklyn ACORN: ‘No Criminality’

NYDailyNews law enforcement source: 'They edited the tape to meet their agenda'

[UPDATED] Rupert Murdoch's NYPost: DA source says tapes 'heavily edited'...

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Via Ben Smith at Politico:

ACORN cleared in Brooklyn: ‘No criminality’

Kings County, New York District Attorney Joe Hynes put out a statement just now:

On Sept. 15, 2009, my office began an investigation into possible criminality on the part of three ACORN employees. The three had been secretly videotaped by two people posing as a pimp and prostitute, who came to ACORN’S Brooklyn office, seeking advice about how to purchase a house with money generated by their ‘business.’ The ‘couple’ later made the recording public. That investigation is now concluded and no criminality has been found.

The New York Daily News adds:

This comes as local ACORNs around the country – including here in New York – have been shuttered and relaunched. The operation in the city is now known as New York Communities for Change.

Well, what a stunner. Still no retraction from you, New York Times? Will you even bother to report this news this time, after failing to report thatformer MA Attorney General Scott Harshbarger found the same [PDF] months ago, as did the Congressional Research Service, even as you continued mis-reporting the ACORN “pimp” hoax ever since?

UPDATE: This new post from the NY Daily News seems to indicate the D.A. was able to look at the complete unedited video which Breitbart and O’Keefe have otherwise refused to release publicly (see our Exclusive Video of Breitbart discussing this from earlier today) and found, according to “a law enforcement source”, as we’ve long argued: “They edited the tape to meet their agenda”!…

Brooklyn prosecutors on Monday cleared ACORN of criminal wrongdoing after a four-month probe that began when undercover conservative activists filmed workers giving what appeared to be illegal advice on how to hide money.

While the video by James O’Keefe and Hannah Giles seemed to show three ACORN workers advising a prostitute how to hide ill-gotten gains, the unedited version was not as clear, according to a law enforcement source.

“They edited the tape to meet their agenda,” said the source.

UPDATE 3:24PM ACORN issues a statement following the announcement from the King County, D.A. noting what The BRAD BLOG has been reporting for years:

O’Keefe and the Fox attack machine targeted ACORN because of our successful work to empower hundreds of thousands of low and moderate families as voters and active citizens.

Observers who looked closely at the filmmakers’ own transcripts have already noted that O’Keefe presented low level employees with a bogus scenario in which he presented himself as a boyfriend trying to rescue a prostitute from a violent pimp. Although no employees took any actual action to file papers for loans or taxes, ACORN already conducted its own review in order to move forward serving our communities.

Hopefully today’s announcement, and similar results from independent reviews, will make politicians and media examine the facts more carefully the next time a valuable community organization is attacked.

Their full statement follows below…


For Immediate Release: March 1, 2010
Contact: Kevin Whelan

Brooklyn DA clears employees portrayed in video scam

On March 1, 2010 The New York Daily News reported that:

Brooklyn prosecutors on Monday cleared ACORN of criminal wrongdoing after a four-month probe that began when undercover conservative activists filmed workers giving what appeared to be illegal advice on how to hide money.

While the video by James O’Keefe and Hannah Giles seemed to show three ACORN workers advising a prostitute how to hide ill-gotten gains, the unedited version was not as clear, according to a law enforcement source.

“They edited the tape to meet their agenda,” said the source.

“On Sept. 15, 2009, my office began an investigation into possible criminality on the part of three ACORN employees,” Brooklyn District Attorney Charles Hynes said in a one-paragraph statement issued Monday afternoon. “That investigation is now concluded and no criminality has been found.”

ACORN spokesman Kevin Whelan issued the following statement on Monday:

O’Keefe and the Fox attack machine targeted ACORN because of our successful work to empower hundreds of thousands of low and moderate families as voters and active citizens.

Observers who looked closely at the filmmakers’ own transcripts have already noted that O’Keefe presented low level employees with a bogus scenario in which he presented himself as a boyfriend trying to rescue a prostitute from a violent pimp. Although no employees took any actual action to file papers for loans or taxes, ACORN already conducted its own review in order to move forward serving our communities.

Hopefully today’s announcement, and similar results from independent reviews, will make politicians and media examine the facts more carefully the next time a valuable community organization is attacked.

Further background: O’Keefe (who, at the time of the incident, was wearing normal clothes and not the outrageous costumed later edited into his films) was later arrested after an attempt to tamper with phone lines at Democratic U.S. Sen. Mary Landrieu’s office in New Orleans. He and his sponsors have declined to release the unedited video tapes to the public or other investigators.

ACORN, an anti-poverty group, came under attack from Republicans after it helped millions of mostly minority and low-income citizens apply to register to vote. In recent years ACORN has helped families prepare 150,000 free tax returns and obtain $190 million in tax refunds in the last five years and worked for decades to promote neighborhood safety and homeownership.

UPDATE 3/4/10: Even Rupert Murdoch’s NYPost covers the scam (in three grafs total, but still…):

ACORN set up by vidiots: DA

The video that unleashed a firestorm of criticism on the activist group ACORN was a “heavily edited” splice job that only made it appear as though the organization’s workers were advising a pimp and prostitute on how to get a mortgage, sources said yesterday.

The findings by the Brooklyn DA, following a 5½-month probe into the video, secretly recorded by conservative provocateurs James O’Keefe and Hannah Giles, means that no charges will be filed.

Many of the seemingly crime-encouraging answers were taken out of context so as to appear more sinister, sources said.

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Reader Comments on

NY D.A. Clears Brooklyn ACORN: ‘No Criminality’

27 Comments

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27 Responses

  1. 2)
    Cosimo diRondo said on 3/1/2010 @ 4:39pm PT: [Permalink]

    ACORN does nothing criminal after getting “set up” by partisan right-wingers and gets defunded by congress. Dick Cheney admits to committing war crimes on national TV and laughs all the way to the bank. Way to go, Democrats.

  2. 3)
    sophia said on 3/1/2010 @ 4:47pm PT: [Permalink]

    Dems are letting John Yoo, Jay Bybee, and the prosecutorial malfeasance in the Siegelman case slip by. They do NOTHING while U.S. CITIZENS are being convicted for clearly bogus reasons (that MIT grad/mother of three, and some person who was merely ACCUSED of thinking ‘terrorist’ thoughts). We are in BIG TROUBLE, folks. It’s so much more than just ACORN. The guns are aimed our way, and pretty soon, those of us who are speaking up are gonna get our butts handed to us. Where are the lawyers?! (Not you, Mr. Canning!)

  3. 4)
    deecee said on 3/1/2010 @ 5:15pm PT: [Permalink]

    Nothing to see here move along. Nothing in the media today about this. racist and shameful. Teabagger news is important and must be covered all day everyday. Vice President Biden and Speaker Nancy Pelosi should come out and apologize for the Senate and House votes to defund acorn. I am holding my breath.

  4. 5)
    Big Dan said on 3/1/2010 @ 6:21pm PT: [Permalink]

    We now want all the Democrats and Republicans who gave those speeches for the bill to defund ACORN to apologize! Not just the NYTimes!

    So, it turns out a bunch of rich Republican white guys wanted to take down an organization for registering one million mostly blacks who don’t vote Republican by setting them up in the media with an edited doctored video and misleading everyone into thinking he was dressed as an outrageous pimp to make them look bad and stupid. SHOCKING! Almost as shocking as the Bush administration using the DOJ to do the same thing plus bring vote fraud charges against opponents right before elections. Please don’t tell me they also did that! Oh, yeah, they did! I forgot!

  5. 6)
    Big Dan said on 3/1/2010 @ 6:35pm PT: [Permalink]

    Here’s congressmen “pimping” the Defund ACORN Act…WE WANT IT REPEALED AND WE WANT AN APOLOGY:

    Inglis: Must Be Vigilant to Defund ACORN

    http://www.youtube.com/watch?v=bawX15b1Fl0

    Boehner: Stop All Federal Funding of ACORN

    http://www.youtube.com/watch?v=q3cpw1h2aAE

    Rep. Bilirakis: Stop Taxpayer Funding of ACORN

    http://www.youtube.com/watch?v=FnzXrLPq-as

    Rep. Steve King: Defund ACORN

    http://www.youtube.com/watch?v=gb5nU0JON3A

    McHenry on House vote to defund ACORN

    http://www.youtube.com/watch?v=VGtYvHXOoCI

    Fat Fuck hypocrite Barney Frank, where’s your apology???

    http://www.youtube.com/watch?v=HYr5czLmatk

  6. 7)
    Hank said on 3/1/2010 @ 6:51pm PT: [Permalink]

    Most of you people think that because there was no criminality, that ACORN deserves to continue to receive federal funding?! Their behavior was clearly unethical and inappropriate, even if they broke no criminal law.

  7. 9)
    camusrebel said on 3/1/2010 @ 7:26pm PT: [Permalink]

    Hank, unethical is a good way to describe doctoring videos to the extent that Congress votes to defund an organization working to help the less fortunate. In fact O’keefe did break some criminal laws.

    As has Blackwater, Northrup-Gruman, the CIA, and many many others that continue to gorge at the public teat. You cool with that, Hank? Of course you are, scum.

  8. 10)
    Adam Fulford said on 3/1/2010 @ 8:19pm PT: [Permalink]

    It really is time to compensate for the mainstream media’s cowardly inability to broadcast facts when it goes against their neo-con agenda. Let’s even this issue out before they put a stranglehold on the Internet. Those neo-cons truly hate America, don’t they?

  9. 11)
    Shortbus said on 3/1/2010 @ 9:18pm PT: [Permalink]

    So Hank, whats your take on Blackwater hiring prostitutes and murdering Iraqi Civilians?
    Or, Haliburton Electrocuting American Soldiers?

  10. 12)
    Billy said on 3/1/2010 @ 10:47pm PT: [Permalink]

    So, umm… Where’s Breitbart’s response to the NYDN story?

    I having trouble finding the response.

    Is there some kind of professional wrestling channel on which I can view the Breitbart responses in real time?

  11. 13)
    OR Native said on 3/2/2010 @ 6:51am PT: [Permalink]

    Hank,

    Let’s see you find Ivy League MBA’s who will work for near minimum wage helping people at the bottom of the economic ladder! Then and only then can you apply your value system and expectations of perfect & perceptive performance to their work.

    I think the facts bear out that a majority of ACORN employees acted appropriately and only one or two were not paying enough attention to actually “get” what O’Keefe was planning.

    I suspect a majority of large American companies could be made to look the fool if similar tactics were used against them.

  12. 16)
    Mitch said on 3/2/2010 @ 10:23am PT: [Permalink]

    I still think ACORN and its individual employees would have a hell of a case if they would just sue The New York Times for libel, and sue individuals like Clark Hoyt for having contributed to the disappearance of their jobs for no good reason. I really hope they do. I think what the Times has done and is doing is criminal — open and shut.

  13. 18)
    Bob Ross said on 3/2/2010 @ 11:47am PT: [Permalink]

    Brad so much for Clark Hoyt saying that he would tell his writers not to refer to Okeefe as posing as a pimp inside offices.

    http://www.nytimes.com/2010/03/...n/02acorn.html
    “The Acorn employees in Brooklyn who were captured on a hidden camera seeming to offer conservative activists posing as a pimp and a prostitute creative advice on how to get a mortgage have been cleared of wrongdoing by the Brooklyn district attorney’s office.”

  14. 19)
    Billy said on 3/2/2010 @ 2:15pm PT: [Permalink]

    … Bob Ross said on 3/2/2010 @ 10:47 am PT…

    Brad so much for Clark Hoyt…

    “The Acorn employees in Brooklyn who were captured…posing as a pimp and a prostitute…”

    The NYTimes is just plain lying now. The only appropriate course of action is for them to just fold and go away. They no longer serve a purpose.

  15. 20)
    T.R.O. said on 3/2/2010 @ 2:39pm PT: [Permalink]

    If this is the best that the NYT can do…I’ll gladly continue to do without them.

    SOOOOO glad I cancelled my subscription four years ago.

  16. 21)
    T.R.O. said on 3/2/2010 @ 2:50pm PT: [Permalink]

    @#10 Adam Fulford

    It would appear that they hate anyone else’s vision or version of what America is-or should be.

    They get high on hate. They become addicted to their own adrenaline rush off it.

    Consider Fox and the NYT as the neighborhood pushers .

    All the hate that’s fit to print,on every street corner.

    And, now you know what they mean by daily Fox fix.

  17. 22)
    Tracy said on 3/2/2010 @ 8:49pm PT: [Permalink]

    Seems like ACORN is owed a lot of apologies.
    Shame O’Keefe’s claim wasn’t checked before ACORN was smeared the way they were. But I guess the rule in the “liberal” media nowadays is to shoot a story out there and ask questions much much much later.

  18. 23)
    Patterico said on 3/2/2010 @ 10:47pm PT: [Permalink]

    Brad so much for Clark Hoyt saying that he would tell his writers not to refer to Okeefe as posing as a pimp inside offices.

    http://www.nytimes.com/2…02/nyregion/02acorn.html
    “The Acorn employees in Brooklyn who were captured on a hidden camera seeming to offer conservative activists posing as a pimp and a prostitute creative advice on how to get a mortgage have been cleared of wrongdoing by the Brooklyn district attorney’s office.”

    O’Keefe did pose as a pimp. He did not DRESS as one.

    Hoyt said he would caution reporters not to say O’Keefe DRESSED as a pimp.

    Friedman has managed to convince you that the two are the same. They are not.

    Here are just a few excerpts showing O’Keefe posing as Giles’s boyfriend, working to rescue her from an abusive pimp — and to set her up in a house where she and underage girls could turn tricks and give him the money to fund his Congressional campaign.

    We’ll start with the Baltimore transcript — which is the first ACORN video, and therefore the one where Eric Boehlert denies that O’Keefe pretended to be a pimp. Among other things, we see this:

    Tonja: so the type of business okay … the type of business of service you provide let me make sure there is a code for it okay

    O’Keefe: A code for prostitution?

    Tonja: Well, yeah I have to have a name and a code number.

    and this:

    Tonja: they under sixteen so you don’t worry about that, but on the other part of the form you can use them as a dependents because they live in your house they are under 16 and they are living in your house. Well you live in a boat but because you are taking care of them so you can use them as a dependent

    O’Keefe: What if they are going to be making money because they are performing tricks too

    Tonja: but if they making money and they are underage then you shouldn’t be letting anybody know anyway

    and

    O’Keefe: we want to use a lot of the money that we are getting

    Shira: you don’t want to use all of it

    O’Keefe: No I am saying we want to use a lot of the cash for my campaign

    Similarly, at ACORN D.C., O’Keefe and Giles talk about setting up a house for Giles and several El Salvadorian girls who will be working for him. Giles says she will take the money and give it to O’Keefe, who says he is running for a local election. The ACORN worker tells O’Keefe to distance himself from the house of women of the night that Giles will be running because he is in political stuff and the revelation will be bad for him if people learn about the house of prostitution. Here are some quotes from the transcript which (like all ACORN transcripts) is supported by unedited audio:

    James: So, I can be the one who ah, I have documentation right? So, I can, I can be the one basically put up the house for it and she can perform tricks in the house.

    Acorn 3: Yep.

    James: Okay, and well all those girls too? All those, there’s like 10 girls? There’s 10 El Salvadorians.

    . . . .

    Acorn 4: If you but the home, you have no knowledge of what’s goin on in that home. He’s just [garble] the landlord.
    I. I t, say that again.

    Acorn 3: You have no knowledge of whats goin on you just the landlord.

    Acorn 4: You have no knowledge of what’s goin on, I’m just keeping it real ““ your just the landlord.

    James: I’m just the landlord.

    Acorn 4: You’re just the landlord.

    James: But, but, but”¦

    Acorn 3: We know she’s your girl friend, but we’re talking about your career. How far you trying to go?

    James: I’m using the money that she’s getting, you know what I mean?

    Acorn 3: Okay. But you don’t know where its coming from.

    Hannah: It’s cash.

    James: I, I, I personally know where its coming from.

    Acorn 3: Right, but when the police ask you ““ you don’t know where its coming from ““ that’s what we’re trying to tell you

    James: Alright.

    Acorn 3: We’re looking out for you.

    . . . .

    Hannah: And I want him to be successful and why I’m working so hard and bringing these girls in so when he does run for office he has unlimited funds.

    San Bernardino:

    O’Keefe: . . . we wanna set up sort of like a business to do this type of thing and

    Theresa (ACORN): A prostitution business?

    O’Keefe: That’s right.

    . . .

    Hannah (Eden): um I’m kinda familiar with that in Miami, but I also the guy that I’m supposed to be working for here just got a shipment or 12 El Salvadorian girls.

    Theresa (Acorn): Oh, really?

    Hannah (Eden): They’re between the ages of 12 years old and 15, and if I can, which I think I because I do have some sort of relationship with them.

    Theresa (Acorn): Mmm hmm

    Hannah (Eden): in the brief time I’ve come in contact. Would like to take them away from him . . . and use them for me, for myself and also to keep so they don’t have to be subjected to a man . . . who is abusive

    . . . .

    James: So basically we want . . . a house to put them in and we have been trying to go through the other authorities but they have been unhelpful with us because of, you know . . . they just you know they don’t wanna deal with these sex sex girls coming in performing sex they think we don’t wanna have anything to do with that.

    . . . .

    O’Keefe: But, one of the things I was one of the things we also wanna do um one of my goals you asked you asked do you know how you wanna do this, I think one of the goals is not only can Eden protect some of these 13, 14, 15 year-old girls

    Theresa (ACORN) Yeah.

    O’Keefe: coming over from El Salvador. In addition to protecting them and getting their feet on the ground so that they can you know perform the tricks and you know learn the how LA prostitution scene is I was also wanting to um use some of the this is very lucrative and potentially we can use a lot of the money we’re getting from the underaged girls from El Salvador and use some of the money for campaign one day

    . . . .

    O’Keefe: We’re bringing these girls from overseas.

    Hannah (Eden) Well, they’re here.

    O’Keefe: But, we are gonna take a part of the profit and I intend to use the profit

    Theresa (ACORN): Right.

    O’Keefe: From the tricks the girls perform

    Theresa (ACORN): Right.

    O’Keefe: To fund my political campaign.

    Theresa (ACORN): Right.

    New York?

    James: okay even if the business like of what goes on in the house

    Volda (loan counselor): its a house you’re buying they don’t ask

    Tara: we don’t care they don’t ask what you are going to do

    Volda (loan counselor): as long as you live there

    Tara: As long as you pay the mortgage

    James: I have to live there

    Volda (loan counselor): yeah its

    James: oh

    Volda (loan counselor): its got to be your primary residence

    James: well she is going to live with me but we are using the house so that she can do her work

    ….

    James: Yea well she is gonna have this business in the house with a bunch of girls coming and doing these things, performing tricks and she is going to give me the money so that I can pay the mortgage that is how we want to work it potentially.

    Volda (loan counselor): but your name is going to be on the mortgage your name is going to be
    on the deed

    James: but no one has to know where the money is coming from

    My favorite part:

    Volda (loan counselor): because they might wants to ask about it I don’t think that they would go to that length but ya know you outta say where the monies come from where they don’t want to see that money record its illegal. Because it’s not legal in NY.

    James: so we gotta we gotta make

    Milagros (counselor)You can’t say what you do for a living because the law

    Volda (loan counselor): so you say that you doing freelancing you gotta start thinking

    James: okay

    Volda (loan counselor): if you want it to work

    Milagros (counselor)you are young you’re both and make assumptions

    James: well she is very honest

    Milagros (counselor)Honest is not going to get you a house that is why you probably been denied
    cause you probably going in saying

    The videos go on and on like that.

  19. 24)
    Bob Ross said on 3/3/2010 @ 9:02am PT: [Permalink]

    Patrick a pimp goes out and gets clients for a woman and collects money. Where in your quotes does he say he is going to do this? It sounds like now you’re trying to change the definition of a pimp to fit your agenda.

    Also I’m wondering why you aren’t launching charges as the Deputy DA for him breaking the California penal code 632. California state law requires 2 party consent for recording of conversations.

  20. 25)
    Bob Ross said on 3/3/2010 @ 9:04am PT: [Permalink]

    I could cherry pick from transcripts that don’t match the video tapes as well Patrick. In baltimore he said that she would not be living with him. But then again one of O’Keefe’s former colleagues said he wanted her to edit the script during the planned parenthood investigation to make a nurse look really bad.

  21. Avatar photo
    26)
    Ernest A. Canning said on 3/3/2010 @ 8:37pm PT: [Permalink]

    By the way, this entire episode took place in ACORN Housing which is a separate entity that ACORN contracts with. It is not a subsidiary or division of ACORN.

    A detail the MSM continues to ignore.

  22. Avatar photo
    27)
    Ernest A. Canning said on 3/4/2010 @ 10:24pm PT: [Permalink]

    Hank @7 wrote:

    Most of you people think that because there was no criminality, that ACORN deserves to continue to receive federal funding?! Their behavior was clearly unethical and inappropriate, even if they broke no criminal law.
    ___________________________

    My apologies for re-posting Brad, but I think it necessary to repeat this on various threads so that the easily misled can come to see the gaping hole in their logic.

    Suppose you did your banking at Bank of America. When you went to make a deposit at your bank, you handed cash and a deposit slip to the teller, who pretended to make the deposit, but pocketed your money. If the bank, upon discovery of the embezzlement, fired the teller, turned the teller over to the authorities and restored your money, would the Bank of America be guilty of a crime?

    Or consider the recent stories that have emerged in which female members of the U.S. armed forces have been raped by fellow soldiers. Are we to then assume that the U.S. military is a criminal band of rapists and cut-off all further funding to that “criminal organization?”

    ACORN consists of some “400,000 member families organized into more than 1,200 neighborhood chapters in about 75 cities across the country.” Harshbarger reports that O’Keefe and Giles conducted their subterfuge at only 3 ACORN offices; that there were “extenuating circumstances in two of them;” that the “ACORN employees captured on video were members or part-time staff. They were not organizers or supervisory level employees;” that ACORN promptly dismissed those part-time employees. How is that any different from the bank or US military scenarios–except that, unlike the soldier/rapists, ACORN’s part-time employees did not violate any law?

    First they invent allegations of ACORN “voter fraud” and as revealed by the Congressional Research Service, 46 federal, state and local investigations of ACORN produced not a single instance in which someone actually cast a fraudulent vote as a result of an ACORN registration — Not one!

    Now, they come up with this bogus sting, not because it in any way proves that ACORN is engaged in “unethical and inappropriate behavior,” as poor, under-informed Hank has been led to believe, but because the GOP does not want the poor and minorities to be lawfully registered to vote. Why? Simple, the GOP does not represent their interests.

    (This, by no means, suggests that the corporate sector of the Democratic Party truly represents their interests either, but the fact is that the GOP targets minorities and the poor whose vote they hope to suppress. And that is what this is all about.)

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